In March 2008, the FCC released an Order adopting a requirement for broadcasters to certify on their license renewal applications that their advertising agreements contain nondiscrimination clauses. In March 2010, the FCC issued an Erratum clarifying that the requirement applies to discrimination based on race and ethnicity (not race and gender as the FCC stated in the original Order).

Recently, the FCC issued a Public Notice announcing that it has modified its license renewal forms to reflect this certification and clarifying that the requirement to have nondiscrimination clauses in advertising agreements took effect on March 14, 2011. Additionally, on March 22, 2011, the FCC's Enforcement Bureau issued an Advisory reminding broadcasters of the advertising nondiscrimination requirement and renewal certification. In the Advisory, the FCC stated that a renewal application cannot be submitted without completion of the certification, and that, if the response to the certification question is "no," the licensee must attach an exhibit explaining the reasons for noncompliance, identifying the persons and matters involved and explaining why the noncompliance is not an impediment to a grant of the station's license renewal application.

Many communications practitioners have been advising their clients to be aware of this rule since it was adopted. NAB urges member stations that have questions relating to the nondiscrimination requirement or the related license renewal certification to consult with their counsel.